HomeMy WebLinkAboutOrdinance No. O99-01ORDINANCE NO. O99-1
AN ORDINANCE OF THE CITY OF LAUREL TO REGULATE
AND CONTROL AND PROHIBIT CONDITIONS THAT
CONTRIBUTE TO COMMUNITY DECAY.
WHEREAS, pursuant to Section 7-5-2111, Montana Code Annotated, the governing
body of the City may regulate, control and prohibit conditions that contribute to community
decay on or adjacent to any public roadway within the City by adoption of an ordinance,
which said ordinance may include time limits for removal or shielding of such conditions as
considered appropriate by the governing body; and,
WHEREAS, pursuant to Section 7-5-2110, Montana Code Annotated, "conmaunity
decay" means a public nuisance created by allowing rubble, debris, junk, or refuse to
accumulate resulting in conditions that are injurious to health, indecent, offensive to the
senses, or obstruct the free use of property so as to interfere with the comfortable enjoyment
of life or property; and,
WHEREAS, the City Council of the City of Laurel, Montana, deems that it is in the
public interest to adopt this Ordinance governing the regulation, control, and prohibition of
conditions that contribute to community decay;
NOW THEREFORE, BE IT ORDAiNED, BY THE CITY OF LAUREL,
MONTANA, that the Laurel Municipal Code is amended to include the following:
SECTION 1:8.28 Prohibition Against Communit~ Decay.
8.28.010 Violation.
It shall be a violation of this ordinance for any person to own or maintain or allow to
exist any public nuisance or community decay on or adjacent to any public street or
right-of-way or on any property occupied or unoccupied within the City limits.
8.28.020 Definitions.
(a) "Agency" means the City or department designated by the City to enforce the
community decay ordinance.
(b) "Community decay" means a public nuisance created by allowing rubble,
debris, junk, or refuse to accumulate resulting in conditions that are or could be
injurious to health, indecent, offensive to the senses, or obstruct the free use of
property so as to interfere with the comfortable enjoyment of life or property.
"Community decay" as used in this ordinance may not be construed or defined
to apply to approved, normal farming, ranching or other permitted operations,
or other approved agricultural facility, or appurtenances thereof, during the
course of its normal operations.
(c) "Person" means an individual, firm, partnership, company, association, group,
corporation, city, town or any other entity whether organized for profit or not.
(d) "Public nuisance" means any nuisance which directly or indirectly affects a
portion of, or an entire community or neighborhood or any considerable
(e)
number of persons, although the extent of the annoyance or damage inflicted
on individual persons may not be equal; and as may be defined in any other
title of the Laurel Municipal Code.
"Public view" means community decay which is visible or detectable or
noticeable from any point above the surface of the public street or right of way.
"Shielding" refers to fencing, screening or other approved man-made or natural
barriers that conceal property from public view. Any shielding must conform
to all local zoning, planning, building and municipal code provisions. This is
not intended to require approved permanent buildings or other approved
appurtenances thereto to be shielded.
8.28.030 Powers and Duties of Agency
The City of Laurel hereby designates that the Department of Public Works or its
designee or any Official of the City showing proper credentials shall have the
following powers and duties to enforce this ordinance:
(a)
(b)
(c)
(d)
(e)
(f)
The duty to inspect and investigate complaints that a public nuisance or
community decay exists or is present in an area or on a property within the
City limits.
The power and authority to formulate applicable procedures, policies and
standards by which to enforce this ordinance.
The power to determine, upon inspection of a property, whether or not a
violation of this ordinance exists.
The right of entry when necessary to perform an inspection or to enforce the
provisions of this ordinance when a violation is believed to exist, the City may
enter onto the property during reasonable times, provided that, if the property
be occupied, credentials be presented and entry requested. If entry is refused,
the City shall have recourse to the remedies provided by law to secure entry.
The duty to send or deliver written notice of violation to the owner on record
of property and post a copy on property in violation.
The power to abate such public nuisance or community decay should
compliance not be obtained through written order or no timely and proper
appeal to order has been filed with the City, and to assess the property owner
for all cost including administration cost of abatement made by the City.
2. When the agency receives a complaint that a public nuisance exists or has been created by
allowing rubble, debris, junk, sewage, or other source to accumulate resulting in
conditions that are injurious to health, indecent, offensive to the senses, or obstruct the
free use of property, the agency shall inspect the property alleged to be in violation to
determine whether a violation of this ordinance exists.
If the agency determines upon inspection that a violation exists, the agency shall:
(a)
(b)
(c)
(d)
(e)
Notify the owner of record of the property in wnnng of the violation. The
notice shall be hand delivered or sent by certified mail to the owner's address
on record.
Post a copy of the notice on the property in violation.
Provide a statement specifically describing the violation and the requirements
or corrections to be made in order to comply with this ordinance.
Specify on the notice the time in which the owner has to comply with the
order, or file an appeal with the City.
Provide the information regarding appeal of the order by the owner to the City.
The notice and order shall be effective from the date of hand delivery or the date of the
certified mailing. The failure of any person to receive such notice shall not affect the
validity of any proceedings taken under this ordinance. Service of notice as provided
herein shall be effective as specified.
The owner shall, after notification of violation and within the time specified on the
notice, submit a plan of abatement to the agency, which shall include: method of
abatement or shielding, if allowed; date for securing any required permits and
commencement of action; person or contractor that is responsible for doing the work;
date in which property will be brought into compliance with this ordinance.
8.28.040 Appeal of Order
Failure of any person to file a proper and timely appeal with the City as specified on the
notice shall constitute a waiver of the right to administrative hearing and adjudication of the
notice and order or any portion thereof.
The agency may accept such plan or appeal and deter further proceedings under this
ordinance while reserving all rights to proceed.
8.28.050 Abatement by Agency
If after time specified in notice, such nuisance still exists and no appeal has been filed or
extension of time agreed to by agency, the agency may cause the abatement of the violation
without further process and assess the property and the owner for all actual cost of abatement
and administration costs.
Non-payment by the owner of the assessment imposed by the agency may be placed as a lien
on the property and is enforceable, as is non-payment of property taxes.
a. This ordinance applies to the whole City of Laurel.
This ordinance shall be in full force and effect thirty (30) days after final passage and
adoption by the City Council of the City of Laurel, Montana.
This ordinance will not affect previously enacted state, county, and local statutes and
ordinances if they are the most applicable to the complaint made; and nothing in this
1999.
ordinance may be construed to abrogate or affect the provisions of any other ordinance
that may be more restrictive or provide for other remedies or penalties than this
ordinance.
Ifa part of this ordinance is found to be invalid or unconstitutional, all valid parts that
are severable from the invalid part remain in effect; if a part of this ordinance is
invalid in one or more of its applications, the part remains in effect in all valid
applications that are severable from the invalid applications.
Appeals procedures to orders issued under this ordinance shall be as set forth in the
Abatement of Dangerous Building Code as duly adopted by the City of Laurel.
Any liens upon real property created by the enforcement of this ordinance and held by
the City of Laurel shall be voluntarily vacated and/or waived by the City if ownership
to the particular property passes to the City of Laurel, Montana.
PASSED by the City Council on first reading this 19th day of January, 1999.
PASSED, ADOPTED and APPROVED on second reading this 2nd day of February,
Donald L. Hackmann, Clerk-Treasurer
Approved as to form: / x~
ttomdy
CITY OF LAUREL
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Charles ~. ~odgers,~Vlayor~r